A.A. KUMBHAKONI, J.:- Gone are those good old days when the Success at examination used to be measured by "the class" with which students used to clear the examinations, One used to feel proud to have cleared the examination "in First Class" rather than Second Class or Third Class.

With the increase in the competition started an era where such Success was being measured not in terms of "just Class" as aforesaid but in terms of percentage of marks secured at the examinations, such as 58%, 63%, 72% etc. In this era started an additional concept of passing an examination in First Class "with Distinction", meaning thereby passing the examination with more than 70% marks.

Immense increase in the intensity of the competition, virtually 'cut-throat', for seeking admission to professional courses has landed us in an era where the Success in the examination is counted in terms of actual number of marks, rather than just a class or “Just percentage”, secured at a competitive examination. This is principally because one mark here and there, less or more, you either get or lose an admission to a professional course not necessarily just Medical or Engineering.

A close scrutiny of the merit list especially drawn for Medical or engineering courses will demonstrate that inter-se merit position therein is granted by applying a "tie-breaker rule" amongst several students (who are same times more than couple of hundreds or so) who have secured identical marks in all the three subjects for which a competitive examination is held. These subjects being Physics, Chemistry, Biology for Medical and Physics, Chemistry and Mathematics for Engineering. Several students secure identical marks in each of these subjects and then for deciding their inter-se merit position even the criteria of actual marks obtained at such examinations are found not enough and recourse is then taken by the examiners to a fortuitous circumstance - the date of birth.

With the competition becoming further fierce, we have no doubt that soon we will enter an era where even a fraction of mark may prove fatal for somebody losing only and only "a chance" or getting just “an opportunity”; to just learn or just educate himself/herself. One really feels very sympathetic for the new generation.

2. As a natural fall out of such competition amongst the students to secure more and more marks, the students cannot be faulted for “leaving no stone unturned” to even get a single mark, if possible, in addition to what thy have already got. One never knows, this single mark may change the entire career and consequently the life as also future of that student, if not his/her family.

3. As far back as in 1991 in the Judgment delivered by the Supreme Court in the case of Dr. Ku. Nilofar Insaf Vs. State of Madhya Pradesh & Ors. reported III (1991)4 SCC 279, the Supreme Court observed thus:-

“Getting an admission into a professional course has become so difficult and competitive of late that litigation instituted by disappointed candidates has become a regular feature. This appeal, arising out of such a context, throws up for consideration certain aspects which call for a difficult exercise in balancing equities. We. Therefore, proceed to discuss the facts and issues at some length."

If this is what the Supreme Court felt in 1991, after 17 years i.e. in mid 2008, it is no wonder that the courts are flooded with litigations dealing with competitive examinations involving very many delicate issues relating to such examinations, not only alleging irregularities in the conduct of such examinations but also as to the method and manner of evaluation of answer papers, conduct of counseling, allotment of seats, so forth and so on, not to mention the vexed issues of reservations. This group of petitions is one of such kind.

4. These petitions have been filed by the petitioners, who are examinees of a Common Entrance Test conducted by the respondent, State of Maharashtra for drawing up a merit list to c